'/ 


Duke   University  Libraries 

Message  of  Gov. 
Conf  Pam  12mo  #218 


MESSAGE 


OF 


im.  JOHN  GILL  SPIORTER, 


To  the  Gendfal  ksemlily  of  h  State  of  Jlaliaiiia, 


AT  THE 


CALLED    SESSION; 


Begun   and  Held  on.  tlxe  T^wenty-Seventh   October,  1862. 


[lOOO  fox-  tlie  Hoixse.]:2 


MONTGOMERY,  ALA. : 

MONTGOMEEY  ADVERTISER  B06k  AND  JOB  OFFICE. 

1862. 

i 
/ 


^ 


^i^' 


EXECUTIVE  BEPARTAIENT,        ^ 

Montgomery,  Alabama,  October  27th,  1862.  j 
(jknilemen  of  the  SenaCe  and  House  of  Eepresentatives  : 

Entertaining  the  opinion  that  the  legislation  required 
by  the  condition  of  the  country  cannot  be  completed 
within  the  time  limited  for  your  regular  Session,  and 
impressed  with  the  necessity  of  speedy  action  upon  mat- 
ters of  vital  importance,  I  have  deemed  it  proper  to  con- 
vene the  two  Houses  in  an  extraordinary  session.  During 
its  continuance,  I  invite  your  consideration  to  the  grave 
subjects  herein  submitted,  reserving  commetitupon  other 
and  ordinary  legislative  affairs  for  my  communication  to 
the  General  Assembly,  when  your  rGg'ilar  Annual  Meet- 
ing shall  occur. 

To-day,  as  on  the  day  of  your  adjournment,  the  State 
of  Alabama  is  untrodden  by  the  unscrupulous  toe  who 
has  waged  against  the  Confederate  States  the  most  unjust 
and  cruel  War  known  in  Ihe  annals  of  history.  Such, 
unfortunately,  has  not  been  the  ccmdition  "of  the  State 
during  your  entire  recess.  The  disasters  which,  in  the 
early  spring,  befell  the  Confederate  armies  in  Kentucky 
and  Tennessee,  followed  by  their  retreat  through  North 
Alabama  upon  the  line  of  defense  at  Corinth,  opened  the 
way  for  the  advance  of  the  enemy  into  the  valley  counties 
upon  the  Tennessee  river.  And  wherever  he  dared  to 
venture,  spoliation  of  property,  larceny  of  slaves,  burning 
of  dwellings,  and  incarceration  of  peaceful  and  unarmed 
citisiens  have  marked  his  progress.     Having  furnished  to 


the  Confederate  Army  all  the  munitions  of  war  then 
available  within  the  State,  it  was  an  occasion  of  profound 
mortification  to  realize  the  fact  that  without  adequate 
means  of  defense,  our  people  were  compelled  to  tolerate 
the  presence  of  the  enemy  upon  their  own  -soil,  and  suffer 
the  untold  horrors  of  submission  to  his  foul  domination. 
During  his  sojourn,  he  was  perpetually  intimidated, 
harmssed  and  Aveakened  by  the  brave  and  heroic  bands 
of  State  partisan  companies,  who,  with  limited  numbers 
and  resources,  hung  upon  his  lines  and  checked  more 
extended  operations.  And  when^  finally,  forced  by  the 
strategic  movements  of  the  Confederate  columns  to  evac- 
uate, Alabama  troops  were  precipitated  upon  his  rear, 
they  captured  his  outposts  and  drove  him  beyond  the 
borders  of  the  State. 

It  is  with  just  pride  I  announce  to  the  General  Assem- 
blj^  that,  with  few  exceptions,  our  fellow-citizens,  who 
wei-e  resident  within  the  lines  of  the  enemy,  remained 
firmly  attached  to  their  beloved  State,  and  the  cause 
of  the  Confederacy.  The  lofty  patriotism,  the  heroic 
courage,  and  the  unbending  virtue  exhibited  by  the 
many,  which  neither  the  temptations  of  avarice  could 
seduce,  nor  the  presence  of  military  and  despotic  power 
subdue,  are  worthy  of  the  highest  commendation. 

It  is  difiicuit  for  those  who  have  enjoyed  exemption 
from  the  ravages  of  war,  to  realize  the  condition  of  com- 
munities overrun  and  trampled  by  an  infuriated  foe. 
All  reasonable  and  charitable  allowances  should  be  in- 
dulged in  favor  of  the  loyalty  of  a  people  thus  unfortu- 
nately circumstanced.  There  is  a  wide  difiference  between 
a  base  betrayal  of  country,  evinced  in  the  voluntary  and 
open  espousal  of  the  enemy's  flag,  and  that  weakness, 
occasioned  by  ignorance,  or  want  of  manly  resolution,  or 
love  of  ease,  which  leads  to  indiscretion   if  not  serious 


error.  Hence,  hasty  judgments  should  not  be  pronounced 
upon  the  reported  conduct  of  any  who  may  have  been 
subject  to  the  cruel  exactions  of  the  enemy.  Treason  to 
the  sacred  cause  of  the  Confederacy,  upon  the  success  of 
which  depends  all  we  esteem' most  dear  in  this  life,  should 
be  hunted  down  and  visited  with  condign  punishment, 
but  to  the  true  hearted,  loyal  citizen,  who,  in  the  extremity 
of  fear,  or  under  misguided  views,  may  have  faltered  iu 
duty  or  committed  acts  of  even  questionable  propriety, 
short  of  violations  of  positive  law,  a  generous  forgive- 
ness should  be  extended.  Now,  that  the  State  is  relieved 
from  the  presence  of  the  foe,  let  not  her  people  waste 
their  time  in  fruitless  complaints  as  to  the  past,  which 
can  never  be  recalled,  but  with  united  purpose  and  firm 
resolve,  let  them  prepare  for  extreme  resistance  to  that 
augmented  force,  with  which  he  threatens  to  return  and 
carry  desolation  and  ruin  to  every  home. 

The  retreat  of  the  Confederate  army  upon  Corinth 
was  followed  by  the  abandonment  of  Pensacola,  and  the 
withdrawal  of  all  the  land  forces  from  the  vicinity  of 
Mobile.  The  fleets  of  the  enemy  were  then  hovering  upon 
our  coast,  and  threatening  an  immediate  attack,  which, 
in  our  then  exposed  and  weakened  condition,  promised 
almost  certain  success.  Without  an  organized  militia 
throughout  the  State,  and  without  public  arms,  a  call  was 
made  for  ninety-day  armed  volunteers  from  the  counties 
bordering  the  Alabama  and  Tombigbec  rivers.  In  ready 
response  to  this  call,  many  companies  rushed  to  Mobile, 
where,  with  the  brigade  of  Brig.  Gen.  Thomas  J.  Butler, 
embracing  the  militia  of  Mobile  county,  which  had  by 
special  orders  been  previously  prepared  for  the  field,  they 
w^ere,  by  arrangement  with  the  President,  mustered  into 
the  Confederate  service.  The  presence  of  these  troops, 
v^ith  the  gradual  additions  from  the  Confederate  army, 


6 

and  the  construction  of  permanent  defenses,  restored 
confidence,  and  gave  assurance  that  if  the  enemy  dared 
an  attack,  he  would  be  gallantly  met,  if  not  defeated. 

STATE    DEFENSES. 

But  while,  to-day,  Alabama  may  congratulate  herself 
upon  her  present  exemption  from  invasion,  and  while  the 
pople  of  the  Confederate  States  should  utter  thanksgiving 
and  praise  to  Almighty  God  for  the  signal  victories  with 
which  He  has  crowned  their  arms,  we  are  admonished, 
by  the  disasters  of  the  past,  not  to  indulge  hopes  of  future 
security,  so  long  as  there  remain  unaccomplished  any 
meaas  of  defense  within  the  pf)wer  of  the  State  to  com- 
plete. 

The  enemy,  while  his  vast  columns  have  been  suceess- 
iyely  beaten  and  overwhelmed  by  the  impetuous  valor  of 
our  armies  in  the  field,  has  been  diligently  at  work  in  his 
dock-yards  and  arsenals,  preparing  his  iron  clad  fleets  to 
assail  our  seaport  city,  and  ascend  our  rivers  during  the 
high  tides  of  the  coming  winter  and  spring.  You  do  not 
expect  me  to  state  the  locality,  extent  and  condition  of 
those  defenses  which  have  been  already  constructed,  or 
those  in  progress,  the  efficiency  of  which  the  enemy  may 
soon  dare  to  test,  or  those  projected  for  the  further  set;urity 
of  Korth  and  South  Alabama.  It  will  be  sufii('ient,  I 
trust,  to  advise  you,  that  there  are  means  for  defense 
which  may  be  strengthened  and  increased  byyour  timelj^ 
interposition,- and  the  co-operation  of  the  State  with  the 
Confederate  Government.  That  Government  having  as- 
sumed, as  was  its  duty,  the  management  and  direction  of 
the  war,  Alabama,  cheerfully  and  trustingly,  committed 
to  it  tlje  resources  of  meji  and  means  available  for  her  own 
defense;  and  her  destiny  being  irrevocably  fixed  with 
that  of  her  sister  Confederate  States,  she  will  respond,  to 
the  last,  to  every  requisition  which  may  be  made  upon 


her  for  the  maintenance  of  the  common  cause.  And,  to 
the  Confederate  Government,  she  has  now  the  right  to 
look,  for  the  protection  of  her  own  people  ;  but  to  enable 
the  military  authorities  of  the  Confederate  States  to  ac- 
complish important  works  of  defense  within  the  State, 
the  slave  labor  of  the  State  is  imperativelv  demanded. 
It  must  be  had,  whenever  required,  to  such  extent  as  may 
be  called  for,  and  should  be  promptly  furnished,  regardless 
of  personal  interest  or  convenience.  Experience  has 
shown  that  there  is  a  necessity  for  some  well  regulated 
plan,  sanctioned  and  enforced  by  such  provisions'of  law 
as  shall  enable  the  State  .autl]^i;jties  to  command  this 
labor,  in  any  emergency  which  jnay  arise.  The  enemy 
is,  even  now,  threatening  an  attack  upon  Mobile,  and  the 
loss  of  that  city  will  expose  to  peril  the  whole  interior  of 
the  State.  He  still  holds  possession  of  the  lower  Ten- 
nessee, and  if  unchecked  will,  doubtless,  repeat  his  raids 
into  North  Alabama.  Apalachioola  may  be  occupied  by 
him  at  will,  and,  from  that  station,  he  may  attempt  the 
ascent  of  the  Chattahoochee  river.  While,  from  the  very 
necessity  of  the  case,  the  State  is  dependent  upon  the 
Confederate  Government,  which  holds  a  monopoly  of  all 
the  iron  establishments  in  the  Confederacy,  for  heavy 
armament  and  other  munitions  of  war,  yet  the  lal)or  re- 
quired for  the  construction  of  fortiiications  and  other 
means  of  defense  for  our  bays  and  rivers,  can  be  obtained 
only  trc^m  the  people  of  the  State.  Your  careful  consid- 
eration is  invited  to  this  subject,  and  I  earnestly  recom- 
mend the  adoption,  at  an  early  day,  of  such  legislation 
as  shall  enable  the  State  authorities  to  control  the  slave 
labor  of  the  State,  for  the  purposes  herein  mentioned ; 
and  I  recommend  that  ample  appropriations  from  the 
Treasury  be  made  to  cover  liabilities  which  may  be  in- 
curred thereby,   and   all  other   outlays  which   may   be 


deemed  needful  for  the  better  protection  and  security  of 
the  State. 

SALT. 

The  scarcity  of  Salt,  and  the  enormous  prices  heartless 
speculators  are  demanding  ior  this  article  of  prime 
necessity,  call  for  the  immediate  interposition  of  the 
General  Assembly.  Viewing  the  legislation  had  at  your 
last  session  from  the  present  stand-point,  it  will  be  seen 
how  far  short  it  came  of  making  the  needful  provision  for 
the  present  emergency.  Comparatively  unknown  to  you 
and  the  people  in  the  immediate  vicinity,  as  were  the 
Salt  deposits  of  the  State,  the  innumerable  difficulties 
and  drawbacks  in  the'%ay  of  making  Salt — even  in 
limited  quantities — and'the  vast  deficiency  then  existing 
in  the  State,  it  could  not  have  been  reasonably  expected 
that  your  action  would  anticipate  and  provide  for  the 
present  destitution.  With  that  wise  forecast  and  pru- 
dence which  characterised  his  administration,  my  prede- 
cessor in  the  Executive  office,  ii\  the  absence  of  legislative 
direction,  and  without  any  specinl  appropriation  for  that 
purpose,  devoted  a  portion  of  the  military  fund,  at  his 
disposal,  to  the  purchase  of  a  quantity  of  salt  for  the 
people  of  the  State.  The  wisdom  of  this  action  on  his 
part  was  fully  shown  in  the  distribution  and  sale  of  salt 
for  many  months,  whereby  the  people  were  supplied  at 
such  reasonable  rates  as  were  intended  to  cover  the  cost 
and  charges  paid  by  the  State.  Much  of  the  salt  was 
purchased  beyond  the  limits  of  the  State,  and  with  many 
hindrances,  delays  and  waste  in  transportation,  was  con- 
veyed to  the  most  convenient  places  of  deposit  and  sale 
within  the  State.  As  the  supply  gradually  diminished 
and  approached  exhaustion,  it  was  more  extensively  dis- 
tributed by  shipments  to  remote  sections  and  counties, 
and  by  -,ales  in  limited  measure,  in  order  to  meet,  as  tar 


as  possible,  the  necessities  of  the  people,  and  especially 
the  families  of  soldiers  absent  in  the  army.  While  the 
State  was  thus  enabled  to  furnish  salt  to  the 'people, 
speculators  and  extortioners  had  none  for  sale,  but  so 
soon  as  the  State  supply  was  exhausted,  they  began  to 
drag  it  from  their  hidden  depositories,  and  advanced  the 
price  to  the  enormous  figures  now  demanded.  The  pro- 
ceeds from  the  sales  made  by  the  State,  have  been  re- 
turned to  the  Treasury  by  the  several  agents  who  had  tlie 
matter  in  charge,  and  I  have  directed  a  full  account  of  all 
purchases  and  sales  to  be  prepared  for  your  examination. 
Under  the  acts  of  the  last  Session  directing  a  lease  of 
the  Salt  reservations  of  the  State,  the  lower  reservation 
was  leased  to  John  P.  Figh  &  Co.,  to  whom  I  advanced 
six  thousand  dollars  to  aid  in  constructing  their  furnaces 
and  other  necessary  works.  At  the  date  of  the  lease,  the 
wells  were  inundated  by  the  overflow  of  the  Tbmbigbee 
river,  the  high  waters  of  which,  tor  several  months  there- 
after, continued  to  obstruct  operations.  The  lessees, 
however,  with  commendable  energy,  and  in  the  face  of 
difficulties  unforeseen,  erected  their  furnaces  and  other 
improvements,  and  finally  commenced  the  manufacture 
of  salt.  The  low  price  at  which  they  were  compelled  to 
sell,  under  their  contract  with  the  State,  drew  many  pur. 
chasers  to  their  works,  and  this  number  proving  t(>  he 
far  beyond  their  rfhility  to  supply,  and,  (situated  as  their 
works  were,  in  a  remote  and  isolated  locality,)  becoming 
an  absolute  hindrance  in  their  wa}^  I  proposed  to  make 
to  them  an  additional  advance  of  four  thousand  dolhirs, 
as  authorized  by  the  law,  on  condition  that  they  should 
make,  after  the  first  day  of  April  last,  one  hundred 
bushels  of  salt  per  day,  and  allow  the  State  to  purchase 
all  the  surplus  salt,  after  filling  prior  contracts  and  pay- 
ing for  provisions  and  other  incidental  expenses,  which 


10 

proposition  they  accepted.  The  salt  thus  secured,  at  the 
low  price  of  one  dollar  and  twentj-five  cents  per  bushel 
of  fifty  pounds,  at  the  W(n'ks,  has  been  reserved  for  sale 
to  County  Commissioners  only,  at  cost  and  charges,  to 
be  by  them  distributed,  gratuitously,  in  their  several 
counties,  to  the  indigent  families  of  volunteers  in  the 
Confederate  Army.  Agents  have  been  appointed  at 
Mobile,  Demopolis,  Tuscaloosa,  Selma,  Talladega,  Mont- 
gomery and  Eufaula,  and  instructions  given  for  the 
receipt  and  prompt  delivery  of  the  salt  to  the  counties 
convenient  to  their  localities,  lists  of  which  have  been 
furnished  to  the  agents  respectively.  ISTot  one  bushel  of 
this  salt  received  from  Figh  &  Co.  has  been  sold  by  any 
agent  of  the  State,  except  upon  an  order  from  County 
Commissioners,  for  distribution  as  herein  directed.  Such 
a  disposition  of  it  was  deemed  most  appropriate,  because 
the  quantity  to  be  realized  was  wholly  iusufiicient  for  a 
general  supply,  and  because  the  indigent  families  of 
volunteers  in  the  army  were  sustained  by  a  common  tax 
upon  the  State,  and  should  be,  certainly,  provided  for, 
while  their  protectors  were  tar  away,  fighting  the  battles 
of  our  country. 

Copies  of  the  contracts  made  with  Figh  k  Co.,  and  of 
their  bonds,  executed  under  the  provisions  of  the  law, 
are  herewith  submitted. 

Seeing  that  the  yield  of  Figh. &  Co.  would  be  so  inade- 
quate to  the  demand,  and  not  being  able  to  find  other 
parties  who  would  accept  leases  upon  the  terms  embraced 
in  the  act,  I  determined  to  establish  works  upon  State 
account.  To  accomplish  this  object,  I  appointed  A.  Gr. 
McGehee,  of  Lowndes  county,  Salt  Commissioner,  who, 
after  visiting  the  works  in  Virginia  to  obtain  needful  in- 
formation in  the  premises,  repaired  to  the  salt  region  of 
the  State,  and  commenced,  by  boring  and  experimental 


11 

observations,   to   test   the  capacity  of  the   region   for  a 
supply  of  water.     Although  the  results  attained  were  not 
fully  satisfactory,  he  was  directed  to  proceed,  at  once,  to 
contract  for  the  erection  of  furnaces,  buildings,  and  the 
necessary  machinery,  to  hire  laborers,   and  to  purchase 
wagons  and  teams,  and  provision-stuffs,  for  an  energetic 
prosecution   of  the  enterprize.      Innumerable   obstacles 
had  to  be  met  and  overcome  at  every  step,     There  was  a 
scarcity    of  every    material    required,    and    extravagant 
charges  were  demanded.     Transportation  at  times  was  im- 
possible to  obtain,  and,  on  account  of  the  reputed  sickli- 
ness of  the  locality,  the  owners  of  slaves  were  reluctant 
to  hire  them  at  the  works,  even  with  the  promise  of  salt 
in  return  for  their  labor.     But  amid  all  the  difhcnlties  by 
which  he  was  surrounded,  the  Commissioner  has  finally 
succeeded  in   establishing  works  which  promise  a  yield 
of  several    hundred  bushels  per  day.     They  are   located 
alcove  overflow  from  the   river,  on  the  upper  reservurion, 
and,   it  is  to  be   hoped,   may  be  successfully  conducted 
throughout  the  year.     The  result  thus  attained  jnstities 
further  improvements,  and  the  C(^fnraissioner  is  dir-  cted 
to  construct  them  with  all  possible'dispatch.   The  amount 
of  compensation  to  be  allowed   him  for  his  valuahk'  ser- 
vices, and  the   extent  of  authority  as   to  further   opera- 
tions, are  submitted  for  your  determination. 

Besides  the  two  State  reservations,  there  arc  many 
furnaces  erected  upon  lands  belonging  to  citizens,  where 
salt  is  being  successfully  made.  The  daily  aggregate  pro- 
duction at  all  the  works  in  the  two  counties  of  Clarke 
and  Washington,  is  reported  at  over  two  thousand 
bushels. 

The  State  reservations  w^ere  thrown  open  to  all  the 
citizens  of  the  State  by  circular  letter  from  the  Executive, 
dated  on  the  thirtieth  day  of  June,  last,  and  they  were 


12 

invited  and  urged  to  go  and  make  salt  for  their  own 
family  consumption.  Many  have  already  done  so,  and 
many  others  are  now  engaged  in  the  business.  All  were 
interdicted  from  selling  the  salt  thus  made,  without 
making  a  contract  of  lease  with  the  State,  but  there  is 
good  reason  to  believe  that  parties  have,  in  some  instances, 
clandestinely  violated  this  injunction. 

The  object  of  the  State  not  being  to  speculate  upon 
itself,  but  to  furnish  salt  at  actual  cost  to  consumers,  the 
Commissioner  is  directed  to  fix  the  price  accordingly. 
This  cannot  be  done  correctly,  until  all  the  expenses  of 
continued  operations  are  ascertained,  but  it  is  believed 
that  the  salt  cannot  be  delivered  at  the  works  for  less 
than  two  dollars  per  bushel  of  fifty  pounds.  If  this  be.  so, 
I  recommend  such  a  modification  by  the  General  Assem- 
bly, of  the  price  fixed  by  the  lease  of  Figh  &  Co.,  as  will 
enable  them  to  realize  a  reasonable  profit  upon  their  in- 
vestments, and  induce  on  their  part  larger  expenditures 
and  a  greater  yield.  Parties  at  private  works  are  reported 
to  be  charging  from  fifteen  to  twenty  dollars  per  bushel. 
This,  if  true,  is  a  criiiiinal  extortion,  and  demands  your 
severest  condemnation. 

The  sale  of  salt,  within  the  State,  with  a  view  to  ship- 
ment beyond  its  limits,  w^as  prohibited  by  an  act  of  the 
General  Assembly  adopted  at  its  last  session.  This  act 
also  prohibited  the  export  of  salt,  without  the  consent  of 
the  Governor.  Ihe  provisions  of  this  law,  I  caused  to  be 
notified,  by  publication  at  all  the  salt  works  on  the  Tom- 
bigbee.  But  citizens  of  other  States  were  also  notified 
that  they  would  be  permitted  to  manufacture  salt,  for 
their  own  family  use,  at  any  of  the  works — except  those 
on  the  State  reservations — upon  such  terms  as  they  could 
obtain,  and  ship  it  to  their  homes  beyond  the  State. 
Some  are  availing  themselves  of  this  license,  and  I  re 


13 

coramend  that,  to  the  extent  of  tlie  license  t}ni>='  given, 
thej  may  be  permitted  to  operate.  United  as  are  these 
Confederate  States,  in  a  common  destiny,  and  tTiutually 
dependent,  as  they  a/e.  upon  each  other,  I  trust  that  the 
General  Asseml)ly  of  Alabama  will  concur  in  the  expedi- 
ency and  propriety  of  inviting  the  citizens  of  other  States 
to  tlie  salt  supply  which  they  may  obtain  within  our 
limits,  b}^  devoting  their  own  labor  and  capital  to  its  de- 
velopment. 

The  question  of  salt  suppl}'  is  one  of  such  vast  import- 
ance, and  the  necessity  of  ascertaining  full  and  reliable 
data  upon  which  to  predicate  your  legislative  action,  is 
so  urgent,  that  I  earnestly  recommend  the  appointment 
of  a  joint  Commission,  empowered  to  visit  the  salt  lands 
of  the  State,  and  make  all  necessary  examination  as  to 
their  capacity  for  supply  of  water,  and  into  the  kind  and 
extent  of  improvements  erected  and  needed,  as  well  as 
into  the  conduct  of  parties  engaged  in  the  business  of 
salt  making  on  State  or  private  lands.  Such  an  examin- 
ation will  enable  you  to  approximate  the  cost  at  which 
it  can  be  made,  and  to  ascertain  the  best  mode  for  de- 
veloping the  supply.  The  price  should  be  made  uniform, 
if  possible,  and  if  private  parties  are  unwilling  to  accept 
reasonable  profits  upon  their  capital  and  labor  thus  em- 
ployed, I  recommend,  as  the  true  policy,  that  the  State 
t'ake  possession  of  all  the  works,  with  authority  to  press 
laborers  and  everything  needed,  and  operate  them,  under 
a  regulated  system  for  the  common  benefit  of  the  people. 
In  such  event,  just  compensation  must  be  provided  for 
the  use  of  individual  property,  as  the  Constitution  of  the 
State  directs. 

Well  knowing  that  the  yield  from  our  salt  region 
would  fall  far  short  of  supplying  the  immediate  demand 
of  the  middle  and  southern  portions  of  the  State,  and 


14 

that  its  transportation  from  thence  to  iTorth  Alabama 
would  be  attended  with  delays  and  waste,  I  conimunica» 
ted  with  the  proprietors  of  the  works  at  Saltvillej  in  the 
State  of  Virginia,  and  obtained  from  them  a  contract  for 
the  right  to  manufacture  salt  at  their  wells,  from  which 
I  hoped  to  be  able  to  supply  iSTorth  Alabama.  The  diffi- 
culties  in  the  way  of  establishing  and  operating  works'by 
the  State,  induced  a  transfer  of  this  contract  to  compa- 
nies, who  have  undertaken  the  delivery  of  salt  at  the 
rate  of  live  hundred  bushels  per  day.  The  furnaces  of 
one  of  these  companies  are  completed  and  are  making 
salt.  An  Assistant  Quartermaster  for  the  State  has  been 
appointed,  and  is  now  at  Saltville  to  receive  and  ship  the 
salt  to  various  places  of  deposit  within  the  State.  He  is 
directed  to  ship  in  rotation,  to  Scottsboro,  Huntsville, 
Decatar,  Tuscumbia  and  Gadsden,  where  agents  have 
been  designated  for  its  sale  and  distribution  to  the  peo- 
ple at  cost  and  charges.  Sacks  sufficient  for  thirty  thous- 
and bushels  have  been  forwarded,  and  it  is  to  be  hoped 
that  shipnaeuts  may  have  already  begun,  and  that  they 
may  continue  without  interruption.  Of  the  limited  sup- 
ply from  the  works  of  Figh  &  Co.,  and  w^hich  is  being 
distributed  for  the  benetit  of  the  indigent  families  of  sol- 
diers, none  has  been  ordered  to  the  counties  in  Korth 
Alabama  bordering  the  Tennessee  river.  The  reason  for 
this  exception  is  the  fact  that  those  counties  will  be  sup- 
plied more  expeditiously  and  as  cheaply  from  the  works 
in  Virginia.  At  the  works  of  Figh  &  Co.,  the  salt  costs 
one  dollar  and  twenty-live  cents  per  bushel  of  fifty 
pounds,  while  at  Saltville,  Virginia,  the  same  quantity 
costs  one  dollar  and  seventy-five  cents;  but  adding  ex- 
penses  of  sacking,  tratisportation  and  other  charges, 
and  it  will  be  found  that  the  diflference  in  prices,  if  any, 
will  be  quite  inconsiderable. 


16 

Copies  of  the  contracts  made  for  supplies  from  Vir- 
ginia, and  of  correspondence  relating  thereto,  are  here- 
with submitted. 

The  funds  used  thus  far  in  the  salt  operations  of  the 
State,  have  been  drawn  from  the  appropriations  made  fox* 
the  Quartermaster  and  Commissary  Departments,  by  the 
act  of  5th  February,  1861.  I  recommend  that  a  special 
appropriation  be  made  for  the  return  to  those  Depart- 
ments of  all  monies  not  refunded  from  sales  of  salt,  and 
also,  for  an  amount  in  addition  thereto,  which  shall  be 
deemed  sufficient  to  meet  existing  contracts,  and  all  fur- 
ther expenditures  which  may  be  found  necessary  to  se- 
cure, at  the  earliest  possible  da}^  an  adequate  supply  of 
salt  for  the  people  of  the  State. 

I  submit  also  to  the  wisdom  of  the  General  Assembly, 
if  the  interests  of  the  State  do  not  require  that  the  whole 
business  of  salt  supply  shall  be  committed  to  the  imme- 
diate direction  and  control  of  a  Commissioner  specially- 
appointed  for  that  purpose. 

INT)IGENT    FAMILIES    OF    SOLDIERS. 

It  will  become  your  duty  to  make  further  provision 
in  behalf  of  th6  indigent  families  of  soldiers  absent  in 
the  Confederate  armies,  or  who  may  have  fallen  in 
battle,  or  died  in  the  service,  or  who  have  been  so  disa- 
bled as  to  disqualify  them  for  labor  and  the  support  of 
their  families.  By  the  reports  made  to  the  State  Comp- 
troller, and  the  disbursements  founded  thereon,  under 
the  directions  of  the  act  passed  at  your  last  session,  it 
will  be  seen  that  the  special  tax  of  twenty-five  per  cent, 
upon  the  State  tax,  levied  for  this  purpose,  fell  far  below 
the  necessities  of  the  case.  The  provisions  of  this  act 
limited  the  distribution  of  the  fund  to  families  of  volun-  - 
teers-  The  conscript  act  which  was  passed  by  the  Con- 
federate Congress  several  months  after  your  adjournment 


16 

was  not  then  anticipated.  Since  jouir  adjournment  not 
less  than  thirty  thousand  troops  have  enlisted  as  volun- 
teers from  Alabama  in  the  Confederate  service,  and  man  j 
thousands  now,  are  being  gathered  into  companies  and 
distributed  into  the  various  organizations  from  the  State, 
uuder  the  terms  of  the  conscript  act.  No  invidious  dis- 
tinction should  be  made  between  the  troops  who  have 
thus  volunteered  and  those  who  have  been  enrolled  as 
conscripts.  History  can  not  furnish  an  example  of  an}^ 
people  who  have  responded  with  greater  alacrity  to  the 
call  of  their  country,  or  evinced  a  more  lofty  courage,  or 
endured  privations  and  hardships  with  more  uncomplain- 
ing and  heroic  fortitude,  than  have  the  people  of  Ala- 
bama and  her  sister  Confederate  States.  The  far  greater 
number  of  those  who  are  now  reinforcing  the  army  as 
conscripts,  and  who  will  hereafter  enter  it  under  the 
amended  act  of  the  recent  session  of  Congress,  could 
not  conveniently,  and  in  justice  to  others  dependent  up- 
on them,  have  enlisted  at  an  earlier  day.  A  large  pro- 
portion of  them  have  families  whose  only  means  of  sup- 
port was  their  own  honest  toil.  Yielding  a  cheerful  obe- 
dience to  the  call  of  their  country,  they  go  to  join  the 
ranks  of  the  gallant  volunteers  who  have  preceded  them 
to  the  field,  and,  side  by  side  with  them,  to  peril  their 
lives  and  all  they  have  and  are  in  the  defense  of  their 
bleeding  country.  Their  wives  and  little  ones  are  be- 
queathed to  our  watchful  care  and  protection.  The  Gen- 
eral Assembly,  I  am  sure,  will  see  to  it  that  their  just 
expectations  are  not  disappointed,  and  that  the  needy 
families  of  all  Alabamians  who  are  baring  their  breasts 
to  the  guns  of  the  enemy,  are  gathered  to  the  bosom 
and  sustained  by  the  benefactions  of  the  State. 

The  plan  adopted  for   securing  a  registration  of  indi- 
ojent  families,  for  ascertaining  their  necessary  wants,  and 


17 

for  apportionment  and  distribution  of  the  fund  for  their 
relief,  has  occasioned  complaint,  and  may  require  amend- 
ment so  as  to  approximate  greater  accuracy,  uniformity 
and  equity  in  its  administration.  I  recommend  that  a 
liberal  appropriation  for  their  support  be  made  without 
delay,  and  that  authority  be  given  to  raise  the  amount, 
as  it  may  be  needed,  by  the  use  of  the  State  Credit,  or 
increased  taxation,  as  you  may  deem  most  advisable. 

DISTILLERIES   AND    RETAILING    OF    SPIRITS. 

On  the  17th  day  of  March  last,  I  issued  a  military  or- 
der prohibiting  the  distillation  of  spirits,  and  also,  its 
sale  within  ten  miles  of  any  encampment  of  State  or 
Confederate  troops  within  the  limits  ot  Alabama.  Ow- 
ing to  the  fact  that  distilleries  had  been  closed  in  Tenn- 
essee by  legislative  enactment,  and  in  Georgia  by  procla- 
mation of  the  Governor,  and  by  the  exorbitant  profits  to 
be  realized  here,  where  they  were  not  interdicted,  many 
were  forthwith  removed  to  this  State,  and  in  some  local- 
ities parties  engaged  in  the  business  were  buying  up  the 
surplus  corn  at  advancing  prices,  which  threatened  to 
place  this  essential  commodity  beyond  the  reach  of  a 
large  number  of  dependent  families  who  were  without  a 
supply,  and  whose  protectors  were  in  the  war.  The 
baneful  eflects  of  intemperance  among  our  troops,  who 
were  rapidly  collecting  in  various  encampments,  in  re- 
sponse to  the  requisition  made  by  the  President  for  addi- 
tional forces,  were  daily  seen  in  the  demoralization  and 
wild  excesses  of  a  large  number,  who,  for  the  first  time, 
had  thrown  off  the  restraints  of  peaceful  pursuits  and 
devoted  themselves  to  the  arts  of  war.  In  the  absence 
of  all  legislative  provisions  adapted  to  the  exigency  of 
the  case,  no  alternative  was  left  the  Executive,  but  to  in- 
terpose the  military  power  and  suppress  these  gigantic 
evils.     This  necessity  was  much  regretted  by  me,  as  it 


18 

involved  the  exercise  of  a  power  by  the  Executive,  which 
might  occasion  controversy,  both  as  to  its  propriety  and 
its  constitutionality.  But,  after  the  most  anxious  con- 
sideration, I  felt  impelled  by  a  sense  of  duty  to  the  State, 
to  issue  the  order.  Instead,  however,  of  exciting  com- 
plaints, the  results  following  its  promulgation,  showed 
that  it  was  due  to  the  public  expectation.  The  order  was 
promptly  and  cheerfully  obeyed,  with  few  exceptions ; 
and  even  many  whose  private  interests  were  thus  strick- 
en down,  have  volunteered  their  testimony  in  favor  of  its 
necessity. 

As  the  order  closing  the  distilleries  was  justified  upon 
the  ground  of  necessity  to  preserve  grain  for  bread-stuffs, 
on  the  25th  day  of  June  it  was  so  far  modified,  as  to  per- 
mit the  distillation  of  fruits.  In  a  few  instances,  spec- 
ial authority  has  been  given  to  distil  limited  quantities 
from  grain,  for  medical  uses  and  to  fill  contracts  made 
with  the  Confederate  authorities  for  hospital  supplies  for 
the  army.  These  orders  were  based  upon  affidavits,  bind- 
ing the  parties  to  a  faithful  observance  of  their  provis- 
ions. Complaints,  however,  having  reached  the  Execu- 
tive office,  that,  in  some  instances,  the  license  was  being 
abused,  the  orders,  in  these  cases,  were  revoked,  and  fur- 
ther orders  in  favor  of  applicants  for  license  have  been 
refused.  This  important  subject  is  now  commended  to 
your  legislative  discretion.  If  the  distilleries  are  turned 
loose,  without  the  severest  restraints  which  your  wisdom 
can  devise,  the  large  promts  to  be  derived  from  them, 
will  stimulate  the  business  to  such  a  degree,  that  the  pri- 
ces of  grain  of  all  kinds  -will  be  advanced  far  beyond 
their  present  figures,  and  in  portions  of  the  State,  the 
people  will  be  deprived  of  a  needful  supply  for  their 
maintenance; 

I  recommend  that  authority  be  given  for  distillation 


19 

of  alcohol  or  spirits,  which  may  be  needed  for  medical 
uses  within  the  State,  and  also,  for  whatever  reasonable 
amount  may  be  found  to  be  the  just  proportion  of  Ala- 
bama, for  a  like  purpose  in  the  Confederate  army.  By 
confining  the  distilleries  to  localities  where  grain  is 
abundant;  fixing  a  reasonable  price  for  the  spirits;  re- 
straining by  adequate  penalties,  the  parties  engaged  in 
the  business,  and  those  who  may  purchase  from  them  for 
medical  supplies,  it  is  believed  that  this  object  may  be 
obtained  without  serious  diminution  of  the  supply  of 
grain.  And  I  recommend  that  the  retailing  of  spiritu- 
ous liquors  in  any  city,  town  or  neighborhood  where 
State  or  Confederate  troops  may  be  stationed  or  rendez- 
voused, be  prohibited  durin/  their  sojourn,  and  that 
stringent  regulations  be  adopted  to  accomplish  this  re- 
sult. 

THE  CONSCRIPT  LAW  AND  STATE  MILITIA. 

By  the  "Act  to  further  provide  for  the  public  defense," 
passed  by  the  Confederate  Congress,  on  the  sixteenth 
day  of  April  last,  all  the  twelve  months  volunteers  then 
in  tlhe  service,  over  eighteen  and  under  thirty-five  years 
of  age,  were  continued  in  the  army  for  two  years  beyond 
the  period  of  their  enlistment,  and  all  male  citizens  ot 
the  respective  States,  within  the  same  ages,  who  had  not 
previously  enlisted,  were,  by  the  act,  declared  subject  to 
military  duty,  for  three  years,  or  during  the^war,  and 
provisions  were  contained  in  it  for  their  enrollment  and 
muster  into  service. 

The  power  in  Congress  to  pass  this  law,  I  think  should 
be  conceded  by  the  States.  The  several  States,  as  sov- 
ereignties, had  the  power  to  declare  war,  and  to  levy 
armies  to  wage  war.  These  powers  they  have  delegated, 
in  the  Constitution,  to  the  Confederate  Congress  for  the 
common  protection,  reserving  the  right  to  call  out  troops 


20 

to  suppress  insurrection  or  repel  invasion.  Under  this 
delegation  and  grant  of  powers,  Congress  has  declared 
war  against  the  Lincoln  Government,  for  the  common 
protection,  and,  in  the  passage  of  the  Conscript  Act,  has 
only  used  a  power  which  the  States,  as  Sovereignties, 
unquestionably  possessed,  to  raise  armies  with  which  to 
wage  the  war. 

But  whatever  doulDts  may  have  arisen  as  to  the  pow- 
ers of  Congress,  all  agree  that  the  public  exigency  de- 
manded the  adoption  of  the  most  stringent  measures  to 
preserve  the  efficiency  and  increase  the  strength  of  the 
Army.  It  was  a  severe  disappointment  to  thousands  of 
our  brave  troops,  to  be  retained  in  service  beyond  the 
period  when  they  fondly  hoped  to  return  to  their  loved 
ones  at  home;  and  the  willing  obedience  rendered  by 
them  to  the  hard  requirements  of  Congress,  and  their 
continued,  unsparing  sacrifices  in  the  field,  excite  the 
admiration  and  claim  the  undying  gratitude  of  their 
country. 

The  third  section  of  the  Conscript  Law  directs  the 
employment  of  the  enrolling  officers  of  the  States,  wilben- 
ever  they  can  be  obtained,  to  enroll  the  persons  subject 
to  the  operations  of  the  Act.  Accordingly,  the  Superin- 
tendent and  Commandant  of  the  camps  in  Alabama, 
applied  to  the  Executive  for  a  detail  of  the  enrolling 
officers  of  the  State,  to  perform  this  work ;  but  as,  by  his 
instructions  from  the  Secretary  of  War,  the  compensation 
to  such  officers  was  limited  to  such  allowances  as  were 
made  by  the  laws  of  the  State  for  like  services,  in  enroll- 
ing the  militia  of  the  State,  and  as  the  Military  Code  of 
Alabama  contained  no  provision  for  the  appointment  or 
detail  of  enrolling  officers,  or  compensation  for' their 
services,  and,  as  the  Secretary  of  War  deemed  it  incon- 
sistent with  his  powers  under  the  Act,  to  accept  any 


21 

other  plan  of  enrollment,  under  State  authority,  the 
whole  management  and  control  of  the  enrollment  of  con- 
scripts in  this  State,  have  been  committed,  by  him,  to 
Confederate  officers. 

By  the  Military  Code  of  the  State  it  is  provided  that 
"the  militia  of  the  State  of  Alabama  shall  consist  of 
each  and  every  free,  able-bodied  wliite  male  citizen 
resident  therein,  who  is  or'  shall  be  of  the  age  of  eigh- 
teen years,  and  under  the  age  of  forty -five  years." 
The  Conscript  Act,  of  sixteenth  of  April,  calls  for  all  of 
this  class  below  the  age  of  thirty-five  years,  and  the 
recent  extension  of  the  Act  embraces  all  the  remainder 
above  that  age.  Thus,  the  whole  body  of  the  State 
militia  is  absorbed,  and  we  are  left  with  a  naked  organi- 
zation merely,  and  with  militia  officers  without  men  to 
command.  Emergencies  may  occur  which  will  require 
the  active  service  in  the  field  of  every  man  in  the  State 
capable  of  bearing  arms.  There  are  a  number  within 
the  State  who  have  furnished  subftitutes  in  the  Confed- 
erate Army.  This  does  not  relieve  them  from  their 
obligation  to  render  military  service  to  the  State.  There 
may  be  others  who  have  been  omitted  by  the  enrolling 
officers  of  the  Confederate  States,  or  who  have  evaded 
the  just  requirements  of  that  Government.  Persons  of 
foreign  birth,  domiciled  within  the  State,  who  have  been 
protected  by  its  laws  in  their  persons  and  property,  who 
have  amassed  wealth  and  made  investments  in  real  and 
personal  estate,  or  who  have  participated  in  elections 
for  the  administration  of  State  and  municipal  afifairs,  are, 
by  the  laws  of  nations,  amenable  to  military  service  for 
the  local  defense.  All  these  may  be  embraced  in  the 
State  militia.  I  therefore  submit,  that  a  reorganiza- 
tion of  the  militia  of  the  State  is  indispensable,  and  I 
recommend  that  the  Military  Code  be  so  amended  as 


22 

to  embrace,  as  militia,  all  able-bodied  male  citizens  of 
the  State,  above  the  age  of  sixteen  and  under  the  age  of 
sixty  3^ear8,  who  may  not  be  actually  engaged  in  the 
Confederate  service.  I  commend  also  to  your  consider- 
ation, the  propriety  of  encouraging  the  formation  of 
volunteer  companies,  both  of  infantry  and  cavalry,  and 
such  additional  legislation  as,  in  your  wisdom,  may  be 
deemed  best  calculated  to  strengthen  the  military  arm  of 
the  State. 

In  this  connection  I  submit  for  your  cons  deration,  the 
necessity  for  such  provision  by  law  as  will  more  effectual- 
ly secure  the  property  of  citizens  of  the  State  from  capture 
and  use  by  the  enemy,  .  If,  in  the  accidents  of  war,  our 
valuable  staples  shall  become  exposed  to  his  ruthless 
grasp,  it  will  be  far  better  to  destroy  them,  rather  than 
suffer  them  to  fall  into  his  hands.  The  best  modes  for 
the  attainment  of  these  ends,  and  also  for  the  protection 
of  the  slaves  of  our  citizens  in  invaded  districts  against 
inveiglement  or  seizure  by  the  enemy,  are  left  for  your 
experience  and  wisdom  to  determine. 

We  are  admonished  by  the  threatening  attitude  of  the 
enemy,  to  gather  all  the  resources  of  the  State  and  de- 
vote them,  without  reserve,  to  the  protection  and  defense 
of  our  altars  and  our  homes.  ■  I  need  not  remind  you  of 
the  recent  proclamation  of  Abraham  Lincoln,  preceded 
by  the  actual  enforcement  of  its  nefarious  purposes  by 
the  commanders  at  New  Orleans  and  Hilton  Head,  and 
their  other  willing  co-adjutors.  It  can  inspire  no  new 
terror  in  our  people,  it  can  bring  no  greater  detriment 
upon  our  cause,  than  the  past  aggressions  of  the  enemy 
have  occasioned  wherever  he  has  obtained  a  lodgement. 

Its  only  effects  will  be  to  awaken  the  slumbering  ener- 
gies of  the  Border  Slave-holding  States,  to  expose  to  the 
few  remaining  classes  in  bis  own  dominions,  who  have  a 


23 

lingering  regard  for  constitutional  rights,  and  to  an  im- 
partial world,  the  base  hypocrisy,  the  terrible  rage  and 
the  relentless  tyranny  with  which  Abraham  Lincoln  is 
urging  on  the  carnival  of  blood  upon  these  Confederate 
States  of  the  South.  Baffled,  delayed,  defeated  in  his 
mad  crusade  for  their  conquest  and  subjugation,  he  is 
vainly  preparing  one  last,  terrible,  crushing  blow  for  their 
destruction.  Clothed  in  the  panoply  of  their  most  right- 
eous cause,  and  humbly  trusting  to  that  Omnipotent  arm 
which  can  secure  them  the  victory,  they  may  calmly 
await  the  issue  with  confident  hope  of  an  ultimate  and 
glorious  deliverance. 

JOHK  GILL  SHORTER. 


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